Can a lawyer say 'escrow and real estate matters' on the letterhead, and can a two-lawyer firm call itself 'Doe and Associates'?

Plain-English summary

The committee said that placing the language "escrow and real matters" on the lawyer's office sign, letterhead, and business cards would imply that the lawyer was a specialist in that area of law, which RPC 7.4 prohibited. The committee noted, however, that the lawyer could provide the information that he does or does not practice in a particular field of law in his advertising.

The committee also pointed out that the name "Doe and Associates" for a law firm consisting of the lawyer and one associate would be misleading, because it implies that the lawyer has more than one associate.

Currency note

This opinion was issued in 1985, before the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer list a practice area on the letterhead?

A: The committee said the lawyer may state that he does or does not practice in a particular field, but that listing "escrow and real matters" in a way that implies he is a specialist would be prohibited by RPC 7.4.

Q: Is "Doe and Associates" an acceptable name for a two-lawyer firm?

A: No. The committee said that name would be misleading for a firm of the lawyer and one associate, because it implies more than one associate.

Q: How can a lawyer describe practice areas without implying a specialty?

A: The committee said the lawyer could provide the information that he does or does not practice in the particular field of law in his advertising.

Background and rules framework

The opinion applies RPC 7.4, Washington's rule on communicating fields of practice and specialization (the analog of Model Rule 7.4), to a letterhead and signage that the committee said implied a specialty. The committee separately applied the general bar on misleading communications about a lawyer's practice to the firm name "Doe and Associates," concerns now addressed by Washington RPC 7.1 and 7.5.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.4 (communication of fields of practice and specialization)
• Washington RPC 7.4 (implying specialization)

See also

• WSBA Ethics Op. 913: signage and letterhead for office-sharing lawyers
• WSBA Ethics Op. 918: "no recovery -- no fee" and misleading advertising

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=30

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 919
Year Issued: 1985
RPC(s): RPC 7.4
Subject: Letterhead; implied specialist; misleading firm name

The Committee was of the opinion that the placing of the language "escrow and real matters" on your office sign, letterhead and business cards would imply that you were a specialist in that area of law, and would be prohibited by RPC 7.4. However, the Committee did note that you could provide the information that you do or do not practice in the particular field of law in your advertising. Additionally, the Committee wanted to point out that the name Doe and Associates for a law firm consisting of yourself and one associate would be misleading, as it implies that you have more than one associate.